National Surety Corp. v. Sharpe

Supreme Court of North Carolina

National Surety Corp. v. Sharpe

65 S.E.2d 138, 233 N.C. 642, 1951 N.C. LEXIS 364

CourtSupreme Court of North Carolina

DecidedMay 23, 1951

Docket602

StatusPublished

Cited by4 cases

This text of 65 S.E.2d 138 (National Surety Corp. v. Sharpe) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

National Surety Corp. v. Sharpe, 65 S.E.2d 138, 233 N.C. 642, 1951 N.C. LEXIS 364 (N.C. 1951).

Pincite

Opinion

BarNhill, J.

The order entered in effect extended the receivership to include the property belonging to the defendants individually. It was made to appear that the debts of the partnership alone are many times in excess of the value of the partnership property. The only exception in the record is to the “entering and signing order dated January 24, 1951.” It is presumed that the court found facts sufficient to support his order. Hall v. Coach Co., 224 N.C. 781, 32 S.E. 2d 325; Craver v. Spaugh, 227 N.C. 129, 41 S.E. 2d 82. The judgment is regular in form and no error is made to appear on the face of the record. Rader v. Coach Co., 225 N.C. 537, 35 S.E. 2d 609; Roach v. Pritchett, 228 N.C. 747, 47 S.E. 2d 20; Russos v. Bailey, 228 N.C. 783, 47 S.E. 2d 22.

However, the record does leave in doubt whether the order directs the receiver to receive and take into his possession the physical property of Moore Central Railroad. The receiver is entitled to the certificates of stock held by defendants or which have been wrongfully conveyed by them to defeat the rights of creditors, but not to the physical property and assets of the corporation. Let the order be so modified.

The right of the defendants to homestead and personal property exemptions is not precluded by the order. This and other questions defendants *644 sought to debate on this appeal will be beard and decided in due time and in an orderly manner.

The order entered, as herein modified, is affirmed.

Modified. and affirmed.

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BarNhill, J.

The order entered in effect extended the receivership to include the property belonging to the defendants individually. It was made to appear that the debts of the partnership alone are many times in excess of the value of the partnership property. The only exception in the record is to the “entering and signing order dated January 24, 1951.” It is presumed that the court found facts sufficient to support his order. Hall v. Coach Co., 224 N.C. 781, 32 S.E. 2d 325; Craver v. Spaugh, 227 N.C. 129, 41 S.E. 2d 82. The judgment is regular in form and no error is made to appear on the face of the record. Rader v. Coach Co., 225 N.C. 537, 35 S.E. 2d 609; Roach v. Pritchett, 228 N.C. 747, 47 S.E. 2d 20; Russos v. Bailey, 228 N.C. 783, 47 S.E. 2d 22.

However, the record does leave in doubt whether the order directs the receiver to receive and take into his possession the physical property of Moore Central Railroad. The receiver is entitled to the certificates of stock held by defendants or which have been wrongfully conveyed by them to defeat the rights of creditors, but not to the physical property and assets of the corporation. Let the order be so modified.

The right of the defendants to homestead and personal property exemptions is not precluded by the order. This and other questions defendants *644 sought to debate on this appeal will be beard and decided in due time and in an orderly manner.

The order entered, as herein modified, is affirmed.

Modified. and affirmed.

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Bluebook (online)

65 S.E.2d 138, 233 N.C. 642, 1951 N.C. LEXIS 364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-surety-corp-v-sharpe-nc-1951.

Opinion

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